(영문) 대전지방법원 2015.04.09 2015노236 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.04.09 2015노236

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the original judgment is too unreasonable.

2. The Defendant is driving a motor vehicle without a license during the period of the suspension of the execution of imprisonment with prison labor under the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes.

In addition, in order to block the crime of this case and to avoid punishment, it is considerably heavy for a third party to use a third party to commit the crime of this case and to attract the criminal.

However, the circumstances are favorable to the defendant, such as the confession of all of the crimes in this case and the depth of the defendant, the fact that there is no record of sentence, the victim and the victim do not want the punishment of the defendant. The scope of the recommended sentence for the crimes in this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee established is that the traffic crime group for at least eight months after the traffic accident, the first type (e.g., escape after the injury), the special person (e., in the proviso of Article 3(2) of the Act on the Special Cases of the School, where the illegality in the proviso of Article 3(2) of the Act is emphasized), the decision of the recommended area, the scope of the recommended sentence (basic area), the scope of the recommended sentence (e.g., August to June), and the final sentence according to the increase of multiple crimes: for at least eight months (e., the lowest limit of the sentencing guidelines for the crimes to which the sentencing guidelines are applied), and considering the following factors, the sentencing range is too unfair.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts and the summary of the evidence against the defendant recognized by the court, respectively.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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